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HomeMy WebLinkAbout20062931.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant: Great Western Oil& Gas Company, LLC Case Number: USR-1571 USR for an Oil& Gas Facility(10 wells&2 tank batteries) Submitted or Prepared: Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X 2 Legal Notifications X Affidavit of PC sign posting (3;1:d Wr Cam. . X 3 Application X 4 Maps& Plans X 5 Deed X 6 Surrounding Property Owners X 7 Soil Survey X 8 Referrals List X N' 9 Referrals With Comments X Weld County Department of Health and Environment, referral received 8/16/06 X Weld County Sheriffs Office, referral received 7/31/06 X Weld County Department of Public Works, referral received 7/17/06 X Weld County Building Inspection, referral received 7/14/06 X Weld County Zoning Compliance, referral received 7/14/06 X Weld West Greeley Soil Conservation District, received 7/26/06 X City of Greeley, received 8/15/06 X Windsor-Severance Fire Protection District, received 8/9/06 X 10 Planning Commission Resolution I hereby certify that the twenty-two items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. (/n/ Brad Mueller,Planning Services 2006-2931 • Att.tr, LAND USE APPLICATION Wi`P�• SUMMARY SHEET COLORADO Planner: Brad Mueller Case Number: USR-1571 Hearing Date: September 5, 2006 Applicant: Great Western Oil &Gas Company, LLC 252 Clayton Street Denver, CO 80206 Request: A Site Specific Development Plan and Special Use Permit for an Oil & Gas Production Facility (10 oil and gas wells, 2 tank batteries, and associated production facilities) in the I-1 (Industrial)Zone District. Legal Description: E2 of Section 27, Township 6 North, Range 67 West of the 6th P.M., Weld County, CO. Location: South of and adjacent to County Road 66 and approximately one-half mile east of State Highway 257. Size of Parcels: 320 +/-acres Parcel Numbers: 0807 26 200007, 0807 27 000033, & 0807 27 000034 ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral received 8/16/06 • Weld County Sheriffs Office, referral received 7/31/06 • Weld County Department of Public Works, referral received 7/17/06 • Weld County Department of Building Inspection, referral received 7/14/06 • Weld County Zoning Compliance, referral received 7/14/06 • West Greeley Soil Conservation District, referral received 7/26/06 • City of Greeley, referral received 8/11/06 • Windsor-Severance Fire Protection District, referral received 8/9/06 The Department of Planning Services' staff has not received responses from the following agencies: • Town of Windsor USR-1571 Great Western Oil &Gas Company, LLC Page 1 EXHIBIT SPECIAL REVIEW PERMIT hiDe ADMINISTRATIVE REVIEW COLORADO Planner: Brad Mueller Case Number: USR-1571 Hearing Date: September 5, 2006 Applicant: Great Western Oil & Gas Company, LLC 252 Clayton Street Denver, CO 80206 Request: A Site Specific Development Plan and Special Use Permit for an Oil & Gas Production Facility (10 oil and gas wells, 2 tank batteries, and associated production facilities) in the I-1 (Industrial)Zone District. Legal Description: E2 of Section 27, Township 6 North, Range 67 West of the 6th P.M., Weld County, CO. Location: South of and adjacent to County Road 66 and approximately one-half mile east of State Highway 257. Size of Parcels: 320 +/-acres Parcel Numbers: 0807 26 200007, 0807 27 000033, & 0807 27 000034 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2- 260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 — That the proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-80.B (CM.Goal 2) states "Promote the reasonable and orderly development of mineral resources". The proposal will have little impact on the surrounding area or subject properties, but it will allow for the extraction of needed materials and resources. B. Section 23-2-220.A.2— That the proposed use is consistent with the intent of the district in which the use is located. The site lies within the I-1 (Industrial)Zone District. Section 23-3-310.D.1 of the Weld County Code provides for oil and gas production facilities as a Use by Special Review in the I-1 (Industrial)Zone District. C. Section 23-2-220.A.3 — That the uses which will be permitted will be compatible with the existing surrounding land uses. The wells and tank battery are being placed on USR-1571 Great Western Oil&Gas Company, LLC Page 2 property owned by Eastman Kodak Company and Broe Land Acquisitions II, LLC. Surrounding uses are industrial in character, or are open fields. Existing facilities similar to those proposed by this application are found throughout the area and the larger Kodak property. State requirements for setbacks and other regulatory requirements can be accommodated at the proposed locations. D. Section 23-2-220.A.4 — That the uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site lies within the three-mile referral area for the Town of Windsor and the City of Greeley; neither jurisdiction responded to the referral requests. E. Section 23-2-220.A.5 -- A portion of the site lies within the Flood Hazard Overlay District. Structures within these areas will require a Flood Hazard Development Permit and will be required to mitigate any impacts due to potential flooding or downstream impacts. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11) Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated that a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed use. This criterion is not applicable, as the site is zoned Industrial. Agricultural uses, such as open pasture and some crop production are currently on the site, although the footprint and impacts of the proposed facilities will have negligible impacts to the area. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. County Road 66 is a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by the City of Windsor. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23- 1-90), the required setback is measured from the future right-of-way line. The applicant shall contact the City of Windsor prior to recordation to determine any access or other requirements. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) USR-1571 Great Western Oil&Gas Company, LLC Page 3 B. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. The applicant shall contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit for State Highway 257. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) C. The applicant shall submit a dust abatement plan for review and approval to the Environmental Health Services, Weld County Department of Public Health & Environment. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall attempt to address the conditions (concerns) of the Windsor-Severance Fire Protection District as indicated in a referral response dated August 8, 2006. Written evidence of such shall be submitted to the Department of Planning Services. (Windsor- Severance Fire Protection District) E. The Special Review Permit Plan Map shall be amended to delineate the following: 1) All sheets shall be labeled USR-1571. (Department of Planning Services) 2) An additional 40' of right-of-way shall be shown and indicated as"future right-of-way." 3) The attached Development Standards shall be added. (Department of Planning Services) 4) All formatting and elements indicated in Section 23-2-260.D of the Weld County Code shall be incorporated into the Special Review Permit Plan Map. (Department of Planning Services) F. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Prior to Construction: A. A Flood Hazard Permit shall be submitted in conformance with Section 23-2-450 of the Weld County Code prior to construction of any facilities within the floodplain, including no-rise certifications as required. (Department of Planning Services) B. An Oil and Gas Permit shall be obtained prior to placing tank batteries and related equipment on the site. (Department of Building Inspection) C. All required building permits, as described on the Department of Building Inspection referral response dated July 14, 2006, shall be obtained. (Department of Building Inspection) D. A letter of approval from the Windsor-Severance Fire Protection District shall be submitted to the Department of Building Inspection prior to release of building permits. (Department of Planning Services) 3. Within 45 days after first production: A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from USR-1571 Great Western Oil&Gas Company, LLC Page 4 the APCD that they are not subject to these requirements. (Department of Public Health and Environment) 4. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit 5. Upon completion of #1 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date of the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) 7. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) 8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1571 Great Western Oil&Gas Company, LLC Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Great Western Oil & Gas Company, LLC USR-1571 1. The Site Specific Development Plan and Special Use Permit is for an Oil & Gas Production Facility (10 oil and gas wells, 2 tank batteries, and associated production facilities) in the I-1 (Industrial) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0605E & Map 080266 1503E, both dated June 10, 2005 ("Preliminary"), shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code, which shall also include the submittal of a no-rise certificate. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 9. Adequate toilet facilities (part-a-potty) shall be provided during the construction of the facility. (Department of Public Health and Environment) 10. Bottled water shall be utilized for drinking and hand washing during drilling/construction. (Department of Public Health and Environment) 11. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and volatile organic compounds (VOC's). (Department of Public Health and Environment) 12. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) USR-1571 Great Western Oil&Gas Company, LLC Page 6 13. The oil and gas service right-of-way or easement shall be graded and drained to provide an all- weather access. (Department of Public Works) 14. Prior to construction on the site, including moving and drilling rigs, the applicant shall obtain all necessary County transportation permits for overweight and over-width vehicles. Please contact the Department of Public Works at 356-4000, extension 3750 to obtain such permits. (Department of Public Works) 15. The applicant shall conform to all State and Federal regulations concerning storm water drainage. As the sites are regulated by the Oil and Gas Commission, utilize the requirements of the Colorado Department of Public Health and the Environment. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 16. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 17. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 18. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 21. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 22. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 23. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) USR-1571 Great Western Oil&Gas Company, LLC Page 7 DEPARTMENT OF PLANNING SERVICES 611 NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 "DC. COLORADO July 13, 2006 Great Western Oil & Gas Company do William Crews PO Box 336337 Greeley CO 80633 Subject: USR-1571- Request for A Site Specific Development Plan and Special Use Permit for an Oil & Gas Production Facility(10 oil and gas wells&2 tank batteries)in the I-1 (Industrial) Zone District on a parcel of land described as E2 of Section 27, T6N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for September 5,2006,at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10`" Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley and Windsor Planning Commission for their review and comments. Please call Greeley at 970-350-9780 and Windsor at 970-686- 7476 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley and Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Brad Mueller Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 24, 2006. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Brad Mueller, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1571 Great Western Oil (oil & gas production facility) IN THE I-1 ZONE DISTRICT. Brad Mueller Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thisday of , 204:), WITNESS my hand and official seal. ublic L1sç' 1 My Commission Expires: - i . .1 I r -.S w _ - .•'.remit w - :.•r ..-J. • ii; NoMt s. . ..6. VMigplr on� V V,.• f��. 4—ft i t"� . 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Case #: US re- -- iS7- I Request: Legal: Section: T: N R: W Location: Parcel ID #: Acres: Zoning Land Use N W;K-1PSorC N orntc BS S i 'I - 1 E /<ory,re Ce PL6x S I S /ear mic ears-,Pc e W L � 1 jW OPEC r, c, ,�s Comments: ..p 'o s( e� A/L.C I/.3 O L LCD T hie orE u-r• S-i tero T re etJt.1-f I OR_ Wr-ri--1 rJ Lc.s Signature E House(s) s Derelict Vehicles Outbuilding(s) o Non-commercial junkyard (list components) Access to Property ❑ Irrigation Sprinkler c Crop Productions ❑ Crops E Site Distance E Wetlands Mobile Home(s) Oil & Gas Structures E Other Animals On-Site ❑ Wildlife ❑ Water Bodies Utilities On-Site (transmission lines) c Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. Hello